Posted by Claudine Osborne on 9/4/11 9:40pm
Msg #396361

It's my business..

I was doing a lot of work for a TC through an SS. The SS has not called me to do any of those closings..I waited a month out of respect of the SS. I then called the TC direct..They were thrilled to hear from me! Wanted to know where I went and were excited that I contacted them. Since then I have been doing a lot of closings for them! The Escrow Officers have been keeping me quite busy and I'm getting more money and paid in days instead of weeks since there is no SS involved!

The moral of the story..This is my business and I had to branch out and attempt to get some more business and this time it paid off..Sometimes things don't pan out but we have to keep on trying!

Reply by Sylvia_FL on 9/4/11 9:42pm
Msg #396362

Good for you Claudine

Reply by HisHughness on 9/4/11 10:23pm
Msg #396364

I'm curious, Claudine

Now that you know the closings are available, have you asked the SS why they dried up? The explanation should be interesting.

Reply by Claudine Osborne on 9/5/11 9:32am
Msg #396381

Re: I'm curious, Claudine

Good Morning..Yes..I have the answer to that question Hugh.. Its about a contract being or not being renewed with the TC company. I know that has something to do with it according to the SS. I am not asking the TC about it..I have work and I am grateful not going to rock the boat!

Reply by desktopfull on 9/5/11 9:51am
Msg #396382

I know that this won't be received well, but, here goes. Did you sign a non-compete with the SS you were doing the work for with this TC? Most extend beyond more than one month for directly contacting their clients for direct work that you have been put in contact with.

If you didn't and landed this TC, congratulations, but otherwise ................everyone else can fill in the blank.

JMHO--Moral of the story.....this could possibly cost you more in the long run if you get hit with a breach of contract suit.

Not giving legal advise, etc.

Reply by Linda_H/FL on 9/5/11 9:54am
Msg #396384

My thoughts exactly...even if the SS *did*

terminate their contract with the TC - the notary is still bound by their agreement with the SS..and non-competes usually run for a year - I've seen some go for 3 - that's why I make sure there's no non-compete clause in the contracts and, if there is, it's limited to the term of the contract itself.

Reply by HisHughness on 9/5/11 10:16am
Msg #396386

FWIW on non-compete agreements

Courts, I think universally, tend to construe non-compete agreements quite narrowly, especially as to their duration. Judges just don’t like to see people cut off from the ability to earn a living. My guess is that the maximum term that most courts would uphold would probably be six months, maybe less.

Additionally, in this instance Claudine would not be competing with the SS; it had already been fired by the TC. My guess is that a court would not uphold any non-compete agreement vis a vis the title company.

Reply by desktopfull on 9/5/11 10:29am
Msg #396392

Re: FWIW on non-compete agreements

I'm just going on what Claudine posted: "...Its about a contract being or not being renewed with the TC company. I know that has something to do with it according to the SS. I am not asking the TC about it..I have work and I am grateful not going to rock the boat!:

Would there be a boat to rock if everything is out in the open? That's all I was commenting about. I personally know someone that wound up in court for 2 years over a simular issue. The legal costs alone far exceeded what they earned from the TC they took from a SS. It turned out that there was a contract between the SS and TC, as well as, a contract between the notary and SS. Both were broken and the notary received the worst of the deal in the end.

Reply by JulieD/KS on 9/5/11 1:50pm
Msg #396413

This is why I steadfastly refuse to sign agreements with any company. I very well may have been in business longer than the company....and probably have worked directly with their clients.
It's my business...and my business doesn't sign agreements.

Reply by Lee/AR on 9/5/11 10:21am
Msg #396388

Horsefeathers! How many times have we been contacted by some SS we've never worked for before and asked to sign some contract---only to find out when the order comes thru that the work is thru a TC we've worked with infrequently for years? Who's competing with whom?

Further, in OP's case, original hiring party no longer works with TC! So ????? now what?

It's my OPINION that most of these non-competes would be found to be unenforceable. (Lawyers comments welcome!) For a lengthy discussion on this:

http://www.dynamiclawyers.com/non-compete-and-non-solicitation-agreements-part-1/14/

Reply by Linda_H/FL on 9/5/11 10:23am
Msg #396390

Be nice Lee or I'll blog you...(hehe)..:) n/m

Reply by Art_PA on 9/5/11 10:26am
Msg #396391

My $.02: you did the right thing. SS is not using you, & TC may not be using SS. You owe nothing to SS as an independent contractor.

Even if you had some agreement with SS, SS terminated it when they stopped using you. Most non-compete agreements are not enforceable (at least in PA) since they are overbroad and overly restrictive. Courts do not like to enforce agreements which keep people from working, unless the restrictive covenant is reasonable with respect to time and area with respect to the fact of the case. What is 'reasonable" for a regional sales manager is not for an auto mechanic. You did not solicit TC while you were used by SS, and waited a reasonable time before calling TC.

Reply by Notarysigner on 9/5/11 11:23am
Msg #396402

Another reason NOT to sign those work agreements. IMO

Reply by Claudine Osborne on 9/5/11 8:58pm
Msg #396430

Nice discussion today! Thanks for everyone for your input I appreciate it.

I did not ever sign a contract with the SS..I did not ever solicit the TC while I was doing closings through the SS, I would never ever do that to any company! I feel that I have been faithful to the SS and just because it may not have worked out for them, doesn't mean I should stop working too!

Out of respect for all parties involved I will not be naming them..Sorry!

My point in posting this was to show the newbies that we must always be actively marketing our business..Even if we have been in this business for a long time.

Reply by jba/fl on 9/5/11 10:14pm
Msg #396433

All stagtements so true....integrity important all the time while marketing.

Reply by A S Johnson on 9/6/11 9:13am
Msg #396448

I'm a Notary in the State of Texas. Texas Notary law say I must do Notary act for anyone who ask me, with limited exceptions and I do not find an exception for a non-complete clause in a contract.
Like others have said i do not sign contracts in general. If you read them they are one sided with you the Notary left out in the cold. My general statement when asked to sign a contract if it is otherwise acceptable is where are your terms of payment, late fees if not paid in those terms and who do I contact (ownership) if not paid.